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SOUTHERN OFFSHORE FISHING ASS'N v. DALEY

No. 97-1134-CIV-T-23C.

55 F.Supp.2d 1336 (1999)

SOUTHERN OFFSHORE FISHING ASSOCIATION, et al., Plaintiffs, v. William M. DALEY, Defendant.

United States District Court, M.D. Florida, Tampa Division.

June 30, 1999.

Attorney(s) appearing for the Case

Charles Paul Schropp, Schropp, Buell & Elligett, P.A., Tampa, FL, David E. Frulla, Brand, Lowell & Ryan, P.C., Washington, DC, for Southern Offshore Fishing Association, Directed Shark Fishery Association, Seafood Atlantic, Inc., Fishermen's Ice and Bait, Inc., Harrison International Enterprises, Inc., Willie R. Etheridge Seafood Co., Inc., Tristram Colket, Harold West, Bruce Stiller, Glen Hopkins.

Mark A. Brown, Wildlife & Marine Resources Section, Environment & Natural Resources Div., U.S. Dept. of Justice, Ben Franklin Station, Washington, DC, Mariam McCall, NOAA GCF, Silver Spring, MD, for William M. Daley.

Jere W. Glover, Small Business Administration. Office of Advocacy, Washington, DC, for Small Business Administration.

Colin C. Deihl, Dawn McKnight, Mark Hughes, Earthlaw, University of Denver School of Law, Denver, CO, Cody Fowler Davis, Davis & Scarritt, P.A., Tampa, FL, for National Audubon Society, Inc., National Resources Defense Council, Inc., Biodiversity Legal Foundation, Center for Marine Conservation.

ORDER

MERRYDAY, District Judge.

On May 2, 1997, the plaintiffs initiated this suit, which challenges the 1997 commercial harvest quotas for Atlantic large coastal sharks ("LCS"), small coastal sharks ("SCS"), and pelagic sharks pursuant to the judicial review provisions of the Magnuson-Stevens Act ("Magnuson Act") and the Regulatory Flexibility Act ("RFA"). See 16 U.S.C. § 1855(f) and 5 U.S.C. § 611(a)(1). In 1997, the defendant United...

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